Writing an IEP

From the Editor: The following material is an excerpt from the NICHCY Briefing Paper titled
“Questions Often Asked by Parents about Special Education Services.” The
publication was reviewed by the U.S. Office of Special Education Programs for
consistency with the Individuals with Disabilities Education Act Amendments of
1997, Public Law 105-17, and the final implementing regulations published March
12, 1999.

To order one free copy of the
complete version of this publication contact NICHCY, National Information
Center for Children and Youth with Disabilities, P.O. Box 1492, Washington, DC
20013, 1-800-695-0285 (Voice/TTY), e-mail: <[email protected]>, Web:
<www.nichcy.org>. NICHCY has an extensive collection of free or low cost
publications about IDEA, the IEP, education laws, related services, disability
fact sheets, state and national resources for parents, and so forth. Here is
the excerpt:

WRITING
AN IEP

What is an Individualized
Education Program?

An Individualized Education
Program (IEP) is a written statement of the educational program designed to
meet a child’s individual needs. Every child who receives special education
services must have an IEP.

The IEP has two general
purposes: (1) to set reasonable learning goals for your child; and (2) to state
the services that the school district will provide for your child.

What type of information is
included in an IEP?

According to the IDEA, your
child’s IEP must include specific statements about your child. These are listed
below. Take a moment to read over this list. This will be the information
included in your child’s IEP.

Your child’s IEP will contain
the following statements:

•Present levels
of educational performance. This
statement describes how your child is currently doing in school. This includes
how your child’s disability affects his or her involvement and progress in the
general curriculum.

•Annual goals. The IEP must state annual goals for your child,
meaning what you and the school team think he or she can reasonably accomplish
in a year. This statement of annual goals include: Individual steps that make
up the goals (often called short-term objectives) or major milestones (often
called benchmarks). The goals must relate to meeting the needs that result from
your child’s disability. They must also help your son or daughter be involved
in and progress in the general curriculum.

•Special
education and related services to be provided. The IEP must list the special education and related
services to be provided to your child. This includes supplementary aids and
services (such as a communication device). It also includes changes to the
program or support for school personnel that will be provided for your child.

•Participation
with nondisabled children. How much
of the school day will your child be educated separately from nondisabled
children or not participate in extracurricular or other nonacademic activities
such as lunch or clubs? The IEP must include an explanation that answers this
question.

•Participation
in state and district-wide assessments.
Your state and district probably give tests of student achievement to children
in certain grades or age groups. In order to participate in these tests, your
child may need individual modifications or changes in how the tests are
administered. The IEP team must decide what modifications your child needs and
list them in the IEP. If your child will not be taking these tests, the IEP
must include a statement as to why the tests are not appropriate for your child
and how your child will be tested instead.

•Dates and
location. The IEP must state (a) when
services and modifications will begin; (b) how often they will be provided; (c)
where they will be provided; and (d) how long they will last.

•Transition
service needs. If your child is age
14 (or younger, if the IEP team determines it appropriate), the IEP must
include a statement of his or her transition service needs. Transition planning
will help your child move through school from grade to grade.

•Transition
services. If your child is age 16 (or
younger, if determined appropriate by the IEP team), the IEP must include a
statement of needed transition services and, if appropriate, a statement of the
interagency responsibilities or any needed linkages.

•Measuring
progress. The IEP must state how
school personnel will measure your child’s progress toward the annual goals. It
must also state how you, as parents, will be informed regularly of your child’s
progress and whether that progress is enough to enable your child to achieve
his or her goals by the end of the year.

It is very important that
children with disabilities participate in the general curriculum as much as
possible. That is, they should learn the same curriculum as nondisabled
children, for example, reading, math, science, social studies, and physical
education, just as nondisabled children do. In some cases, this curriculum may
need to be adapted for your child to learn, but it should not be omitted
altogether. Participation in extracurricular activities and other nonacademic
activities is also important. Your child’s IEP needs to be written with this in
mind.

For example, what special
education services will help your child participate in the general curriculum;
in other words, to study what other students are studying? What special
education services or supports will help your child take part in
extracurricular activities, such as school clubs or sports? When your child’s
IEP is developed, an important part of the discussion will be how to help your
child take part in regular classes and activities in the school.

Who develops my child’s IEP?

Many people come together to
develop your child’s IEP. This group is called the IEP team and includes most
of the same types of individuals who were involved in your child’s evaluation.
Team members will include:

•you, the parents;

•at least one regular education teacher, if your child is (or may
be) participating in the regular education environment;

•at least one of your child’s special education teachers or special
education providers;

•a representative of the public agency (school system) who (a) is
qualified to provide or supervise the provision of special education, (b) knows
about the general curriculum; and (c) knows about the resources the school
system has available;

•an individual who can interpret the evaluation results and talk
about what instruction may be necessary for your child;

•your child, when appropriate;

•representatives from any other agencies that may be responsible for
paying for or providing transition services (if your child is 16 years or, if
appropriate, younger); and

•other individuals (invited by you or the school) who have knowledge
or special expertise about your child. For example, you may wish to invite a
relative who is close to the child or a child care provider.

Together, these people will
work as a team to develop your child’s IEP.

So I can help develop my child’s IEP?

Yes, absolutely. The law is
very clear that parents have the right to participate in developing their
child’s IEP. In fact, your input is invaluable. You know your child so very
well, and the school needs to know your insights and concerns.

The school staff will try to
schedule the IEP meeting at a time that is convenient for all team members to
attend. If the school suggests a time that is impossible for you, explain your
schedule and needs. It’s important that you attend this meeting and share your
ideas about your child’s needs and strengths. Often, another time or date can
be arranged. However, if you cannot agree on a time or date, the school may
hold the IEP meeting without you. In this event, the school must keep you
informed, for example, by phone or mail.

What should I do
before the IEP meeting?

The purpose of the IEP meeting
is to develop your child’s Individualized Education Program. You can prepare
for this meeting by:

•making a list of your child’s strengths and weaknesses,

•talking to teachers and/or therapists and getting their thoughts
about your child,

•visiting your child’s class and perhaps other classes that may be
helpful to him or her, and

•talking to your child about his or her feelings toward school.

It is a good idea to write
down what you think your child can accomplish during the school year. It also
helps to make notes about what you would like to say during the meeting.

What happens during an
IEP meeting?

During the IEP meeting, the
different members of the IEP team share their thoughts and suggestions. If this
is the first IEP meeting after your child’s evaluation, the team may go over
the evaluation results, so your child’s strengths and needs will be clear.
These results will help the team decide what special help your child needs in
school.

Remember that you are a very
important part of the IEP team. You know your child better than anyone. Don’t
be shy about speaking up, even though there may be a lot of other people at the
meeting. Share what you know about your child and what you wish others to know.

After the various team members
(including you, the parent) have shared their thoughts and concerns about your
child, the group will have a better idea of your child’s strengths and needs.

This will allow the team to
discuss and decide on:

•the educational and other goals that are appropriate for your
child; and

•the type of special education services your child needs.

The IEP team will also talk
about the related services your child may need to benefit from his or her
special education. The IDEA lists many related services that schools must
provide if eligible children need them. The related services listed in IDEA are
presented below:

Related Services, as listed in IDEA

Transportation

Speech-language pathology

Audiology services

Psychological services

Physical therapy

Occupational therapy

Recreation (including
therapeutic

recreation)

Early identification and
assessment

of disabilities in children

Counseling services (including

rehabilitation counseling)

Orientation & mobility
services

Medical services for
diagnostic

or evaluation purposes

School health services

Social work services in
schools

Parent counseling &
training

This list does not include
every related service a child might need or that a school system may offer. To
learn more about these related services and how IDEA defines them, contact
NICHCY and ask for the “News Digest on Related Services.”

Depending on the needs of your
child, the IEP team may also discuss the special factors listed below:

1.If your child’s behavior interferes with his or her learning or the
learning of others: The IEP team will talk about strategies and supports to
address your child’s behavior.

2.If your child has limited proficiency in English: The IEP team will
talk about your child’s language needs as these needs relate to his or her IEP.

3.If your child is blind or visually impaired: The IEP team must
provide for instruction in Braille or the use of Braille, unless it determines
after an appropriate evaluation that your child does not need this instruction.

4.If your child has communication needs: The IEP team must consider
those needs.

5.If your child is deaf or hard of hearing: The IEP team will consider
your child’s language and communication needs. This includes your child’s
opportunities to communicate directly with classmates and school staff in his
or her usual method of communication (for example, sign language).

6.The IEP team will also talk about whether your child needs any
assistive technology devices or services. Assistive technology devices can help
many children do certain activities or tasks. Examples of these devices are:

•devices that make the words bigger on the computer screen or that
“read” the typed words aloud which can help children who do not see well;

•electronic talking boards which can help students who have trouble
speaking; and

•computers and special programs for the computer which can help
students with all kinds of disabilities learn more easily.

Assistive technology services
include evaluating your child to see if he or she could benefit from using an
assistive device. These services also include providing the devices and
training your child (or your family or the professionals who work with your child)
to use the device.

As you can see, there are a
lot of important matters to talk about in an IEP meeting. You may feel very
emotional during the meeting, as everyone talks about your child’s needs. Try
to keep in mind that the other team members are all there to help your child.
If you hear something about your child which surprises you, or which is
different from the way you see your child, bring this to the attention of the
other members of the team. In order to design a good program for your child, it
is important to work closely with the other team members and share your
feelings about your child’s educational needs. Feel free to ask questions and
offer opinions and suggestions.

Based on the above
discussions, the IEP team will then write your child’s IEP. This includes the
services and supports the school will provide for your child. It will also
include the location where particular services will be provided. Your child’s
placement (where the IEP will be carried out) will be determined every year, must
be based on your child’s IEP, and must be as close as possible to your child’s
home. The placement decision is made by a group of persons, including you the
parent, and others knowledgeable about your child, the meaning of the
evaluation data, and the placement options. In some states, the IEP team makes
the placement decision. In other states, the placement decision is made by
another group of people. In all cases, you, as parents, have the right to be
members of the group that make decisions on the educational placement of your
child.

Depending on the needs of your
child and the services to be provided, your child’s IEP could be carried out:

•in regular classes,

•in special classes (where all the students are receiving special
education services),

•in special schools,

•at home,

•in hospitals and institutions, and

•in other settings.

Which of these placements is
best suited for your child? Can he or she be educated in the regular classroom,
with supplementary aids and services? (The IDEA prefers this placement.) If
not, then the placement group will look at other placements for your child.
Before the school system can provide your child with special education for the
first time, you, as parents, must give your written consent.

Can my child’s IEP be changed?

Yes. At least once a year a
meeting must be scheduled with you to review your child’s progress and develop
your child’s next IEP. The meeting will be similar to the IEP meeting described
above. The team will talk about:

•your child’s progress toward the goals in the current IEP,

•what new goals should be added, and

•whether any changes need to be made to the special education and
related services your child receives.

This annual IEP meeting allows
you and the school to review your child’s educational program and change it as
necessary. But you don’t have to wait for this annual review. You (or any other
team member) may ask to have your child’s IEP reviewed or revised at any time.

For example, you may feel that
your child is not making good progress toward his or her annual goals. Or you
may want to write new goals, because your son or daughter has made such great
progress! Call the principal of the school, the special education director, or
your child’s teacher and express your concerns. If necessary, they will call
the IEP team together to talk about changing your child’s IEP.

Is the school responsible for
ensuring that my child reaches
the goals in his or her IEP?

No. The IEP sets out the
individualized instruction to be provided to your child, but it is not a
contract. The school is responsible for providing the instructional services
listed in an IEP. School officials must make a good-faith effort to help your
child meet his or her goals. However, the school is not responsible if your
child does not reach the goals listed in the IEP. If you feel that your child
is not making progress toward his or her goals, then you may wish to contact
the school and express your concerns. The IEP team may need to meet and revise
your child’s IEP.

What if I disagree with the school about what is right
for my child?

You have the right to disagree
with the school’s decisions concerning your child. This includes decisions
about:

•your child’s identification as a “child with a disability,”

•his or her evaluation,

•his or her educational placement, and

•the special education and related services that the school provides
to your child.

In all cases where the family
and school disagree, it is important for both sides to first discuss their
concerns and try to compromise. The compromise can be temporary. For example,
you might agree to try out a particular plan of instruction or classroom
placement for a certain period of time. At the end of that period, the school
can check your child’s progress. You and other members of your child’s IEP team
can then meet again, talk about how your child is doing, and decide what to do
next. The trial period may help you and the school come to a comfortable
agreement on how to help your child.

If you still cannot agree with
the school, it’s useful to know more about the IDEA’s protections for parents
and children. The law and regulations include ways for parents and schools to
resolve disagreements. These include:

•mediation, where you and school personnel sit down with an
impartial third person (called a mediator), talk openly about the areas where
you disagree, and try to reach agreement;

•due process, where you and the school present evidence before an
impartial third person (called a hearing officer), and he or she decides how to
resolve the problem; and

•filing a complaint with the State Education Agency (SEA), where you
write directly to the SEA and describe what requirement of IDEA the school has
violated. The SEA must either resolve your complaint itself, or it can have a
system where complaints are filed with the school district and parents can have
the district’s decision reviewed by the SEA. In most cases, the SEA must
resolve your complaint within 60 calendar days.

Your state will have specific
ways for parents and schools to resolve their differences. You will need to
find out what your state’s policies are. Your local department of special
education will probably have these guidelines. If not, contact the state department
of education and ask for a copy of their special education policies. The telephone
number and address of the state department of education are listed on NICHCY’s
State Resource Sheet for your state.